Disclosure of Adverse Events

September 6, 2024

Dear Policyholders:

We often receive calls about steps to take when disclosing an adverse event that was a result of a medical error or an unanticipated outcome. Studies have shown that transparency and empathy can strengthen the physician-patient relationship and potentially reduce the chance of litigation. There are legal and ethical considerations to be aware of when communicating to patients about the details of adverse events. For our detailed risk management recommendations, please consult our Disclosure of Adverse Events resource.

Below is a summary of recommended steps to consider in the disclosure process:

1) Focus on the patient’s condition and treatment needs.
2) Preserve any evidence related to the event.
3) Contact risk management for advice.
4) Debrief with the staff involved to gather facts.
5) Develop a disclosure plan.
6) Disclose the facts of the event to the patient and/or family.
7) Advise of possible short-term or long-term effects of any injury resulting from the event and the next steps in the treatment.
8) Share your contact information and follow-up time frames to set expectations and alleviate concerns.
9) Document disclosure communication with the patient and/or family in the medical record.
10) Perform a root cause analysis.
11) Report the incident to the facility and your medical professional liability carrier.
12) Offer support to staff affected by the event.

If you have questions, contact us for confidential risk management advice at riskmanagement@omic.com or call us at 1-800-562-6642 and enter 4 for Risk Management.